In re Burnett

California Court of Appeal

In re Burnett

47 P.2d 745, 8 Cal. App. 2d 363, 1935 Cal. App. LEXIS 665

CourtCalifornia Court of Appeal

DecidedJuly 10, 1935

DocketCiv. No. 1379

StatusPublished

Cited by1 cases

This text of 47 P.2d 745 (In re Burnett) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Burnett, 47 P.2d 745, 8 Cal. App. 2d 363, 1935 Cal. App. LEXIS 665 (Cal. Ct. App. 1935).

Pincite

Opinion

MARKS, J.

This is a motion to recall a remittitur and to order a corrected remittitur to be issued nunc pro tunc.

On April 11, 1935, this court filed its decision in the matter of the Estate of W. I. Burnett, Deceased, and reversed a decree of distribution without making any provision for the payment of costs. (Estate of Burnett, 6 Cal. App. (2d) 116 [44 Pac. (2d) 435].) On June 11, 1935, a remittitur was issued in which the following erroneously appeared:' “Appellant to recover costs on appeal.” (Sec. 1232, Probate Code.)

In Estate of Erickson, 4 Cal. App. (2d) 602 [41 Pac. (2d) 939], where a similar question was before the court, a similar motion was granted. (See Estate of Johnson, 200 Cal. 307 [252 Pac. 1052].)

It is ordered that the remittitur issued by the clerk of this court on June 11, 1935, in the matter of the Estate of W. I. Burnett, Deceased, be recalled and that a corrected remittitur be issued in its place, nunc pro tunc, omitting the words, “Appellant to recover costs on appeal.”

Barnard, P. J., and Jennings, J., concurred.

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